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DE HERAS v. AVANT GARDNER, LLC

2022-07416, Index No. 526143/21.

2024 NY Slip Op 00999

NICHOLAS DE HERAS, Plaintiff, v. AVANT GARDNER, LLC, ETC., Respondent, ET AL., Defendants; ELI LEVIN, Third-Party Defendant-Appellant, ET AL., Third-Party Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 28, 2024.

Attorney(s) appearing for the Case

Butler Weihmuller Katz Craig LLP, New York, NY ( Michael Savett of counsel), for third-party defendant-appellant.

Vogrin & Frimet, LLP, New York, NY ( Michael J. Frimet and Walter Santiago, Jr. , of counsel), for respondent.

Before: Angela G. Iannacci, J.P., Linda Christopher, Paul Wooten, Janice A. Taylor, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the third-party defendant Eli Levin appeals from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated August 8, 2022. The order denied that third-party defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the third-party complaint insofar as asserted against him.

ORDERED that the order is modified, on the law, by deleting the provision thereof denying...

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